Title
Industrial and Non-Inert Gas Pipeline License Agreements with Linde Incorporated (Ordinance S-49374)
Description
Request to authorize the City Manager, or his designee, to execute two non-exclusive, revocable licenses with Linde Incorporated to construct, install, operate, maintain, and use the public highways in the City of Phoenix in order to provide both industrial and non-inert gas services in, under, over, and across public rights-of-way in 51st Avenue, from Dove Valley Road to Loop 303, subject to the terms and conditions contained in the licenses and Phoenix City Code. Also request that the licensee sign the licenses within 60 days of Council action, or this authorization will expire.
Report
Summary
The licenses will be for a period of 15 years, contain appropriate insurance and indemnification provisions, require performance bonds and security funds, provide for terms of transfer and revocation, and provide for compensation for the commercial use of public rights-of-way while permitting the City to manage the rights-of-way.
Contract Term
The request is for one 15-year Industrial Gas Services License and one 15-year Non-Inert Gas Services License, each with options for two additional 10-year renewals.
Financial Impact
Per Phoenix City Code Chapter 5A, Licensee will pay to the City an annual combined fee of up to $125,000 for industrial and non-inert gas pipelines within 51st Avenue between Dove Valley Road and Loop 303.
Location
51st Avenue, Dove Valley Road to Loop 303
Council District: 1
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, the Street Transportation Department, and the City Engineer.